Punjab-Haryana High Court
Hardial Singh And Ors vs State Of Punjab And Ors on 1 May, 2024
Neutral Citation No:=2024:PHHC:063175
CRM-M-13393-2024 --1--
and another connected cases
276 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
DATE OF DECISION:-01.05.2024
1. CRM-M-13393-2024
Hardial Singh and others ...Petitioners..
vs.
State of Punjab and others ...Respondents..
2. CRM-M-13562-2024
Gurnam Singh and others ...Petitioners.
vs.
State of Punjab and others ...Respondents.
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Ms.Arti Kaur, Advocate
for the petitioners (in CRM-M-13393-2024) and
for respondents No.2 to 4 (in CRM-M-13562-2024).
Mr. Siddharth Sandhu, AAG, Punjab.
Mr. Chetan Bansal, Advocate
for the petitioners (in CRM-M-13562-2024) and
for respondents No.2 to 4 (in CRM-M-13393-2024)
****
HARKESH MANUJA, J. (Oral)
1. This common judgment of mine shall dispose of two petitions
bearing CRM-M-13393-2024 and CRM-M-13562-2024.
2. CRM-M-13393 of 2024 has been filed for quashing of General
Diary No.33 dated 11.07.2017, under Sections 326, 323, 324 and 34 IPC,
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CRM-M-13393-2024 --2--
and another connected cases
registered at Police Station Beas, District Amritsar Rural along with all
subsequent proceedings arising therefrom, on the basis of compromise
dated 23.02.2024 (Annexure P-2).
3. CRM-M-13562 of 2024 has been filed for quashing of FIR
No.134 dated 24.06.2017, registered under Sections 323, 324, 148, 149 IPC,
at Police Station Beas, District Amritsar Rural (Annexure P-1) along with
all subsequent proceedings arising therefrom, on the basis of compromise
deed dated 23.02.2024 (Annexure P-2).
4. Present is a version and cross-version case, in which, both the
parties inflicted injuries to each other.
5. In pursuance of separate orders dated 18.03.2024 passed by this
Court, whereby parties were directed to appear before the Trial Court for
getting their statements recorded as regards the veracity of compromise
arrived at between them, separate reports dated 25.04.2024 have been
received from the concerned Court, stating that the compromise effected
between the parties is genuine, voluntary and has been effected without any
threat, fear or coercion from any corner. No accused has been declared as
proclaimed person.
6. Once, the compromise has been arrived at between the parties
without any pressure and respondent(s) having no objection as regards
quashing of aforementioned FIR as well as General diary/Rapat along with
all other subsequent proceedings arising out of the same against the
petitioner(s); there does not appear to be any impediment as regards
quashing of present FIR as well as General diary/rapat qua the petitioner(s).
Even otherwise, in order to maintain peace and harmony between the
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CRM-M-13393-2024 --3--
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parties, particularly under the circumstances wherein the alleged offences
have no societal interest involved, it would be appropriate to render
complete quietus to the aforementioned dispute by quashing the FIR as well
as General Diary/Rapat on the basis of compromise entered into between
the parties.
7. The parties, who are real brothers, having settled their dispute so
as to live in peace in future, no useful purpose would be served by
proceeding further with the criminal proceedings. In the light of above
developments, no cause remains for the Trial Court to invest further time
and effort in adjudicating the aforementioned FIRs. The compromise in
question is even found to be fully in consonance with the direction issued
by the Court in Kulwinder Singh & Ors. Vs. State of Punjab 2007(3) RCR
(Criminal) 1052 and Gian Singh Vs. State of Punjab & Anr., 2012(4)
RCR (Crl.) 543.
8. Moreover, learned counsel for the petitioner(s) on instructions
from their clients, submit that petitioner(s) (including petitioners in CRM-
M-13562-2024) volunteer to serve public cause by providing one Operation
Table to Civil Hospital, Amritsar.
9. Thus, in view of the aforesaid facts, accompanied by statement of
both the parties as well as keeping in mind the law laid down in the
aforementioned judgments, the abovementioned two petitions are allowed,
General Diary No.33 dated 11.07.2017, under Sections 326, 323, 324 and
34 IPC, registered at Police Station Beas, District Amritsar Rural and FIR
No.134 dated 24.06.2017, registered under Sections 323, 324, 148, 149 IPC,
at Police Station Beas, District Amritsar Rural as well as all subsequent
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proceedings arising therefrom, are hereby quashed qua the petitioner(s) in
both the petitions.
10. However, aforesaid order shall be subject to providing one
Operation Table to Civil Hospital, Amritsar, within a period of three weeks
from today as volunteered by the petitioners (including petitioners in CRM-
M-13562-2024) against due receipt issued by the concerned Civil Surgeon,
who shall prepare an inventory in this regard for its regular inspection by
the Director concerned. A copy of the receipt shall also be sent to the office
of Advocate General, Punjab at the earliest for maintaining records in this
regard.
01.05.2024 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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